The New York Daily News reports that Anthony Kennedy, age 74, is telling friends he will stay on at least three more years as Associate Justice. Kennedy, it seems, does not wish President Obama to pick his successor. If this seems counter-intuitive, it mirrors in reverse the impact of Clarence Thomas joining Antonin Scalia on the Court's right, which pushed Kennedy & his former colleague Sandra Day O'Connor to the left, to act as pure swing Justices--especially liberal in some areas like national security.
Now with Kagan likely to become a "Minnesota Twin" with fellow Obama pick Sonia Sotomayor, both more liberal than Justice John Paul Stevens (whom Kagan replaces), look for Kennedy to become more reliably partnered with the Court conservatives.
Bottom Line. Kagan, far from persuading those to the right of her to move left, may well push them further right. If so, President Obama will learn the wisdom of the ancient Chinese admonition that LFTC regularly quotes, about being careful what one wishes for, lest one get it.
Letter from the Capitol, LFTC, Supreme Court, Conservative Politics
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